SS Disability Law

Social Security Disability Eligibility

Insured - paid into program while working - worked and contributed in five of the last ten years

Must become disabled within five years of last employment

Benefits to dependents

Supplemental Security Income (SSI) - Title 19

Welfare disability program

Must have assets less than $2,000.00 - cash or anything that can be turned into cash.

Determining Disability

Inability to engage in any substantial gainful activity.

Substantial gainful activity = earning $1,040.00 a month for 2013.

Based on any medically determinable physical or mental impairment.

Expected to last for a continuous period of not less than 12 months.

Sequential Evaluation Process

Step one- working.

If the claimant is working and earning enough to be considered substantial gainful activity - the claimant cannot be found disabled.

Step two- the impairment must be severe.

Claimant must have an impairment that significantly limits their ability to do basic work activities.

Step three- the listing of impairments.

In order to be found disabled at step three, a claimant's medical signs, findings and symptoms must meet or equal one of the set of medical signs, findings and symptoms found in the Listing of Impairments.

The Listing of Impairments is a set of medical criteria for disability found in the social security disability regulations.

If a claimant meets or equals the Listing, they are found disabled and there is no inquiry into their ability to do past work or other work.

Step four- Past relevant work.

To be found disabled, it must be proven that the claimant is incapable of doing any work that he or she has performed in the last 15 years.

Step five- Other work.

To be found disabled, the claimant must prove an inability to do other work that exists in significant numbers in the economy.

Determination based on claimant's remaining work capacity, age, education and work experience.

The Medical-Vocational Guidelines (grids) helpful in making this determination.

The Medical-Vocational Guidelines provide that the older a claimant is, the easier it is to be found disabled.

Frequent Questions

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We offer free consultations and our fees are contingency based, so you will not pay anything until we obtain compensation for you. In addition to our home office in Milwaukee, we have regular office hours throughout Wisconsin. Call us at 414-395-5813 or email us to schedule your free initial consultation.

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